What is the difference between unemployment compensation and workers’ compensation?

Workers’ Compensation provides benefits to workers injured on the job.  It provides for weekly benefits plus payment of reasonable and necessary medical expenses related to the work injury.
Unemployment Compensation benefits are available to employees who are laid off or discharged through no fault of their own or who have to leave work for a “necessitous and compelling” reason. 

Can an employee receive unemployment compensation benefits and still apply for workers’ compensation benefits?

If an employee suffers a work-related injury and is unable to perform his or her regular job due to that injury, and yet is capable of performing some other type of work, he or she may be eligible to apply for both workers’ compensation benefits and unemployment compensation benefits.  However, the workers’ compensation insurance company is entitled to a credit for unemployment compensation benefits received by the employee.

Why do I need an attorney to represent me?

While the law does not require that employees be represented by an attorney, the employer is often represented by a very experienced attorney and the employee is at a serious disadvantage trying to navigate his or her own way throughout the legal process. 

How can I afford legal representation in a workers’ compensation case?

We collect no fee until we win your workers’ compensation case.  When we win the case, we get 20% of the benefits that we recover.

Must I give notice of my work injury to my employer?

You should give notice of your work injury immediately to your employer.  Failure to give notice of your work injury within 120 days may prevent your receiving benefits.

Will my employer fire me if I tell them that I am injured at work?

It is against public policy for an employer to retaliate against you for reporting a work injury.  Most employers follow the law and will not retaliate against you for filing a workers’ compensation claim since they can be sued in civil court if they do so.

What can I do if my employer tells me that he does not have workers’ compensation insurance?

Employers in Pennsylvania are required to carry workers’ compensation insurance unless they meet the financial requirements to qualify as a self-insured employer.  If your employer failed to carry insurance, they are subject to civil and criminal sanctions and there is an uninsured employer fund in Pennsylvania against which your claim can be filed.

What can I do if my employer tells me that they do not think that my injury was work-related?

You should obtain legal representation to file a Claim Petition against your employer if you suffered a work injury, despite what your employer thinks or tells you.